HomeMy WebLinkAbout2014-01-27 - Agendas - Final Plannin¢Commission Plannin¢Commissioners
Officers
William Chesser
Craig Honchell, Chair Ron Autry
aTyve le Ryan Noble
Kyle Cook,Vice-Chair Porter Winston
Tracy Hoskins
Sarah Bunch, Secretary A R K A N S A 5
Tentative Agenda
City of Fayetteville, Arkansas
Planning Commission Meeting
January 27, 2014
A meeting of the Fayetteville Planning Commission will be held on January 27, 2014 at 5:30 PM in Room 219 of the
City Administration Building located at 113 West Mountain Street,Fayetteville, Arkansas.
Call to Order
Roll Call
Consent:
1. Approval of the minutes from the January 13, 2014 meeting.
Old Business:
2. ADM 13-4584: Administrative Item (617 N. COLLEGE AVENUE/ZUPPA ZUPPA, 445): Submitted by ANN
HARRIS for property located at 617 NORTH COLLEGE AVENUE. The property contains approximately 0.25 acres
and is zoned C-2, THOROUGHFARE COMMERCIAL. The request is for a variance to allow a temporary retail
structure(airstream trailer)to remain on the property for longer than 90 days. Planner: Quin Thompson
3. LSD 13-4568: Large Scale Development (NORTHWEST CORNER OF MOUNT COMFORT ROAD AND
SHILOH DRIVE/KUM &GO, 329): Submitted by CEI ENGINEERING for property located at the NORTHWEST
CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE. The property is zoned C-1, NEIGHBORHOOD
COMMERCIAL and contains approximately 1.69 acres. The request is to build a 4,991 square foot gas station with
associated parking. Planner: Jesse Fulcher
THE APPLICANT HAS REQUESTED THIS ITEM TO BE TABLED UNTIL THE FEBRUARY 10,2014 MEETING.
CUP 13 4575i Conditional Use Permit (500 N. VINSON AVENUE/14014SE FAMILY, 447)i S4mitted by
44441E,14 CAP CONSULTING fer property laeated at 500 NORTH VINSON AVENUE. The propefty is zoned
RSF 4, RESIDENTIAL SPiGhE FAMILY, 4 UNITS PER ACRE and eantains apprexifna4ely 0.3 4 aeFes. The
request is fer-a eenditional use pefmit to -ldem lots. 121annef Q
THE APPLICANT HAS WITHDRAWN THIS REQUEST
New Business:
4. ADM 14-4612: Administrative Item (501 W. MAPLE ST./STERLING FRISCO, 484): Submitted by
HUMPHREY'S &PARTNERS ARCHITECTS for property located at 501 WEST MAPLE STREET. The property is
zoned DG, DOWNTOWN GENERAL. The request is for a variance of Chapter 166.21(E)(7)(b),visible transmittance
rating of glass on the first floor within the Downtown Design Overlay District. Planner: Jesse Fulcher
5. CUP 13-4595: Conditional Use Permit (1904 AND 1908 N. COLLEGE AVE./PUGH, 368): Submitted by
JEREMY KENNEDY for properties located at 1904 AND 1908 NORTH COLLEGE AVENUE. The property is
zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.27 acres. The request is for a
conditional use permit to allow a detached residential dwelling use in the C-2 zoning district.
Planner: Jesse Fulcher
6. RZN 13-4536: Rezone (4310 MARTIN LUTHER KING BLVD./EDWARDS, 594): Submitted by BATES
AND ASSOCIATES for property located at 4310 MARTIN LUTHER KING BOULEVARD. The property is zoned
R-A, RESIDENTIAL AGRICULTURAL contains approximately 0.74 acres. The request is to rezone the property to
CS, COMMUNITY SERVICES. Planner: Andrew Garner
7. ADM 13-4603: Administrative Item (UDC AMENDMENT CHAPTER 161,Use Unit 44, Cottage Housing
Development). Submitted by CITY PLANNING STAFF for revisions to the Unified Development Code, Chapter
161. The proposal is a minor editorial correction to Use Unit 44, Cottage Housing Development.
Planner: Quin Thompson0
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission on an
agenda item please queue behind the podium when the Chair asks for public comment. Once the Chair recognizes you,go to
the podium and give your name and address.Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate appointed official, staff, or others for response. Please keep your comments brief, to
the point,and relevant to the agenda item being considered so that everyone has a chance to speak.
Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings, 72 hour notice is required.
For further information or to request an interpreter,please call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the Planning Commission agenda and other pertinent data are open and available for inspection in the office of City
Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the
petitions.
MINUTES OF A MEETING OF THE
PLANNING COMMISSION
A regular meeting of the Fayetteville Planning Commission was held on January 13, 2014 at 5:30 p.m. in
Room 219, City Administration Building in Fayetteville,Arkansas.
ITEMS DISCUSSED ACTION TAKEN
Consent:
MINUTES: December 9,2013 Approved
Page 3
VAC 13-4587: Vacation (1285 E. MILSAP ROAD/CHRISTIAN LIFE CATHEDRAL, 213):
Page 3 Forwarded
Old Business:
LSD 13-4524: Large Scale Development(INTERSECTION OF W. CENTER ST. & S.HILL
AVE./HARVEY'S HILL,483):
Page 4 Approved
ADM 13-4331: (UDC AMENDMENT: URBAN AGRICULTURE CODE AMENDMENTS):
Pages Forwarded
New Business:
VAC 13-4567: Vacation (1851 E. HUNTSVILLE ROAD/KUM AND GO,565):
Page 6 Forwarded
ADM 13-4584: Administrative Item (617 N. COLLEGE AVENUE/ZUPPA ZUPPA,445):
Page 7 Tabled
ADM 13-4604: Administrative Item (ECO DOWNTOWN LSD EXTENSION#2,484):
Page 8 Approved
CUP 13-4569: Conditional Use Permit(NORTHWEST CORNER OF MOUNT COMFORT
ROAD AND SHILOH DRIVE/KUM & GO,329):
Page 9 Approved
LSD 13-4568: Large Scale Development(NORTHWEST CORNER OF MOUNT COMFORT
ROAD AND SHILOH DRIVE/KUM & GO,329):
Page 10 Tabled
CUP 13-4593: Conditional Use Permit(495 W. DICKSON STREET/WALTON ART CENTER,
484): Page 11 Approved
Planning Commission
January 27,2014
Agenda Item 1
1-13-14 Minutes
Page 1 of 20
LSD 13-4583: Large Scale Development(495 W. DICKSON STREET/WALTON ART CENTER,
484):
Page 12 Approved
CUP 13-4589: Conditional Use Permit(560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB,439):
Page 13 Approved
LSD 13-4586: Large Scale Development(560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB,439):
Page 14 Approved
CUP 13-4575: Conditional Use Permit(500 N.VINSON AVENUE/HOUSE FAMILY,447):
Page 15 Tabled
CUP 13-4576: Conditional Use Permit(EAST OF STONE MOUNTAIN DRIVE/R.BRISEL,489):
Page 16 Approved
CUP 13-4574: Conditional Use Permit(825 S. STONEBRIDGE ROAD/HAMMANS, 566):
Page 17 Approved
RZN 13-4573: Rezone(825 S. STONEBRIDGE ROAD/HAMMANS, 566):
Page 18 Forwarded
RZN 13-4578: Rezone(6316 W.WEDINGTON DRIVE/MORLAN,396): Forwarded
Page 19
RZN 13-4571: Rezone(NORTHWEST CORNER OF W.WEDINGTON DRIVE AND N. GOLF
CLUB DRIVE/WEDINGTON NEIGHBORHOOD PLAN ZONE 1,400): Forwarded
Page 20
RZN 13-4572: Rezone(NORTHWEST CORNER OF W.WEDINGTON DRIVE AND N.RUPPLE
ROAD/WEDINGTON NEIGHBORHOOD PLAN ZONE 3,400): Forwarded
Page 21
ADM 13-4601: Administrative Item (UDC Amendment Protected Streams Map):
Page 22 Forwarded
Planning Commission
January 27,2014
Agenda Item 1
1-13-14 Minutes
Page 2 of 20
MEMBERS PRESENT MEMBERS ABSENT
Sarah Bunch William Chesser
Porter Winston Blake Pennington
Craig Honchell
Ron Autry
Tracy Hoskins
Kyle Cook
Ryan Noble
STAFF PRESENT
Andrew Garner
Quin Thompson
Jesse Fulcher
Glenn Newman
Cory Granderson
CITY ATTORNEY
Kit Williams, City Attorney
5:30 PM—Porter Winston called the meeting to order.
Porter Winston requested all cell phones to be turned off and informed the audience that listening devices
were available.
Upon roll call all members except Chesser and Pennington were present.
Planning Commission
January 27,2014
Agenda Item 1
1-13-14 Minutes
Page 3 of 20
Consent.
Approval of the minutes from the December 9,2013 meeting.
VAC 13-4587:Vacation(1285 E.MILSAP ROAD/CHRISTIAN LIFE CATHEDRAL,213):Submitted by
JORGENSEN AND ASSOCIATES for property located at 1285 E. MILSAP ROAD. The property is zoned
RSF-4,RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE and contains approximately 1.83 acres.The
request is to vacate unconstructed right-of-way.
Motion:
Commissioner Cook made a motion to approve the consent agenda. Commissioner Autry seconded the
motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
January 27,2014
Agenda Item 1
1-13-14 Minutes
Page 4 of 20
Old Business:
LSD 13-4524: Large Scale Development (INTERSECTION OF W. CENTER ST. & S. HILL
AVE./HARVEY'S HILL, 483): Submitted by MCCLELLAND CONSULTING ENGINEERS, INC. for
property located at the INTERSECTION OF WEST CENTER STREET AND SOUTH HILL AVENUE. The
property is zoned RMF-40,RESIDENTIAL MULTI-FAMILY,40 UNITS PER ACRE and DG,DOWNTOWN
GENERAL and contains approximately 2.08 acres. The request is to build 175 units with a parking deck.
Andrew Garner, City Planning Director, gave the staff report.
Seth Mims, applicant,was present for questions.
No public comment was presented.
Motion:
Commissioner Winston made a motion to approve LSD 13-4524,adding a condition of approval that
was required on the adjacent large scale development that regulated and enforced construction
traffic control. Commissioner Hoskins seconded the motion.
Commissioner Honchell asked about the third driveway.
Tabor discussed removable bollards at the end of the island.
Commissioner Cook discussed density and his concern with concentrated density at the crest of this hill.
He is concerned with how it will affect pedestrians especially during class changes. They have
concentrated all of this density in one place and he has some concerns. He also discussed problems with
construction traffic for vehicles and pedestrians and recommended a condition of approval regarding
construction traffic that was also required on the adjacent large scale development.
Garner discussed the condition of approval that allowed city staff to monitor and restrict construction
traffic.
Commissioner Winston amended his motion to include the condition of approval that regulated and
enforced construction traffic control
Commission Hoskins seconded the amended motion.
Upon roll call the motion passed with a vote of 6-1-0. (Commissioner Cook voted "no".)
Planning Commission
January 27,2014
Agenda Item 1
1-13-14 Minutes
Page 5 of 20
ADM 13-4331:(UDC AMENDMENT:URBAN AGRICULTURE CODE AMENDMENTS):Submitted by
SUSTAINABILITY&STRATEGIC PLANNING staff. This request is to amend Chapters 151, 162, 163 and
164 to modify regulations associated with Animals and Fowl, and Urban Agriculture.
Peter Nierengarten, Sustainability Director, gave the staff report.
Public Comment:
Quin Montana spoke in favor of these code changes and the reasons behind these code changes.
Jeff Huber spoke is in favor of these code changes.
No more public comment was presented.
Commissioner Hoskins asked about goats and fowl.
Nierengarten discussed that fowl are currently allowed to roam in the front yard.
Hoskins discussed that we are limiting the space where these animals can be, based on the overall lot
size, instead of the containment area of the animals. I'm a little concerned with over-population.
Winston gave kudos to what they have done here. This is a great starting point. It is a work in progress.
Honchell thanked Nierengarten for communicating with the commissioners on this. He discussed what
this means to citizens in the city as a hobby and also a necessity and can be a source of community pride.
He asked about a nuisance clause if there were a problem.
Garner discussed the process for responding to nuisance complaints.
Motion:
Commissioner Winston made a motion to forward ADM 13-4331 as recommended by staff.
Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
January 27,2014
Agenda Item 1
1-13-14 Minutes
Page 6 of 20
New Business:
ADM 13-4584: Administrative Item(617 N.COLLEGE AVENUE/ZUPPA ZUPPA,445): Submitted by
ANN HARRIS for property located at 617 NORTH COLLEGE AVENUE. The property contains
approximately 0.25 acres and is zoned C-2,THOROUGHFARE COMMERCIAL.The request is for a variance
to allow a temporary retail structure (airstream trailer)to remain on the property for longer than 90 days.
No staff report or public comment were presented.
Motion:
Commissioner Winston made a motion to table ADM 13-4584 to the 1-27-14 meeting. Commissioner
Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
January 27,2014
Agenda Item 1
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Page 7 of 20
ADM 13-4604: Administrative Item (ECO DOWNTOWN LSD EXTENSION#2,484): Submitted by U
ARK Land Venture, LP for property located southwest of the intersection of WEST LAFAYETTE STREET
AND NORTH CAMPBELL AVENUE.The property is zoned DG,DOWNTOWN GENERAL and MSC,Main
Street Center,and contains approximately 2.85 acres.The request is for an extension and a major modification
to the previously approved Eco Downtown large scale development(LSD 11-3992).
Quin Thompson, Current Planner, read the staff report.
No public comment was presented.
James Smith, Applicant Counsel, spoke briefly about the project.
Motion:
Commissioner Winston made a motion to approve ADM 13-4604 as recommended by staff.
Commissioner Hoskins seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
January 27,2014
Agenda Item 1
1-13-14 Minutes
Page 8 of 20
CUP 13-4569: Conditional Use Permit(NORTHWEST CORNER OF MOUNT COMFORT ROAD
AND SHILOH DRIVE/KUM&GO,329): Submitted by CEI ENGINEERING for property located at the
NORTHWEST CORNER MOUNT COMFORT ROAD AND SHILOH DRIVE.The property is zoned C-1,
NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres.The request is for a conditional
use permit to allow additional parking.
LSD 13-4568: Large Scale Development(NORTHWEST CORNER OF MOUNT COMFORT ROAD
AND SHILOH DRIVE/KUM&GO,329): Submitted by CEI ENGINEERING for property located at the
NORTHWEST CORNER OF MOUNT COMFORT ROAD AND SHILOH DRIVE.The property is zoned C-
1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.69 acres. The request is to build a
4,991 square foot gas station with associated parking.
Jesse Fulcher, Senior Planner, read the staff report.
No public comment was presented.
Rob Wadel,applicant,described the traffic study that was performed for the site.Kum&Go has an agreement
with the seller to provide a full access for this project that is shared with the remaining 20 acres she will still
own. We can discuss restricting future access points with the owner if we are granted the full access that is
requested. We probably don't need two accesses on Shiloh, so we will remove the southern driveway if you
want. We need visibility, access and traffic for a successful business.
Commissioner Hoskins stated that he doesn't want to deny the whole project based on access and asked if the
Planning Commission could modify the plan.
Kit Williams, City Attorney, stated that it's possible if the applicant agrees. As this point the applicant has
other ideas,but we don't have them in front of us to review.A deed restriction could be used to limit future curb
cuts on the remaining acreage.
Commissioner Hoskins stated he shared staff's concerns and the proposal to limit future curb-cuts doesn't
address the current concerns. The curb-cut on Mount Comfort is too close to the traffic light.I can support the
full access on Shiloh, as it also provides cross connectivity and am glass to hear that you are willing to close
other driveway on Shiloh. Extending the center turn-lane on Mount Comfort would help.
Nathan Streett, applicant, stated that they haven't looked at the existing lane widths on Mount Comfort, so
they aren't sure what type of improvements would be required to extend the turn lane further west.Additional
right-of-way dedication from the seller would likely be required.
Commissioner Hoskins stated that staff is probably correct about the traffic study dates.
Wadel asked what the concern was with left turns in.
Commission Hoskins stated he was concerned with left turns into the site during the PM time period with high
volumes moving west on Mount Comfort.
Corey Granderson, staff engineer, described the traffic movements in the AM and access to I-540.
Glenn Newman, staff engineer, mentioned that there are bike lanes on Mount Comfort that need to be
considered with any widening.
Planning Commission
January 27,2014
Agenda Item 1
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Page 9 of 20
Commission Honchell stated that this is why he wanted the project tabled at the Subdivision Committee
meeting.In the morning,east bound traffic can't see the signal because of the sun.I can't support the project as
currently proposed.
Commission Autry asked if the north entrance on Shiloh met the separation requirements.
Fulcher stated yes from Mount Comfort,but not from Deane Solomon.
Wadel stated he would like to table the project and work with staff.
Commission Winston asked if they considered moving full access further west on Mount Comfort.
Wadel stated that they've discussed extending the turn lane.
Commissioner Honchell asked what the separation was on Mount Comfort.
Streett stated 270 feet.
Andrew Garner, City Planning Director, explained that access for this development was restricted to Shiloh
Road only. The access on Mount Comfort required a variance,regardless of the location.
Commissioner Bunch stated she shares staff s concerns with the traffic study and with the access on Mount
Comfort.
Fulcher asked for clarification on the remaining property and restricting access.
Williams stated that his expectation would be that it would restrict the entire 900 feet of frontage to two total
curb cuts.
Commissioner Hoskins asked staff how a future curb cut restriction helped with the current concerns.
Fulcher stated that it doesn't. However, in the future, limiting the entire property to two curb cuts is a good
thing.
Commissioner Hoskins informed the applicant that the current driveway location will likely not be supported
even with a future restriction on access.
Wadel stated he understood.
Motion for CUP13-4569:
Commissioner Winston made a motion to approve CUP 13-4569. Commissioner Cook seconded the
motion. Upon roll call the motion passed with a vote of 7-0-0.
Motion for LSD13-4568:
Commissioner Winston made a motion to table CUP 13-4568 to the 1-27-14 meeting. Commissioner
Autry seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
January 27,2014
Agenda Item 1
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Page 10 of 20
CUP 13-4593:Conditional Use Permit(495 W.DICKSON STREET/WALTON ART CENTER,484):
Submitted by CRAFTON TULL AND ASSOCIATES for property located at 495 WEST DICKSON
STREET.The property is zoned MSC,MAIN STREET/CENTER and contains approximately 4.13 acres.The
request is for a conditional use permit to allow off-site parking for Walton Arts Center expansion.
LSD 13-4583:Large Scale Development(495 W.DICKSON STREET/WALTON ART CENTER,484):
Submitted by CRAFTON TULL AND ASSOCIATES for property located at 495 WEST DICKSON
STREET.The property is zoned MSC,MAIN STREET/CENTER and contains approximately 4.13 acres.The
request is for a 15,500 square foot expansion to the existing building.
Jesse Fulcher, Current Planner,read the staff report.
Zak Johnson, applicant, had no additional comments.
Glenn Newman, staff engineer, stated they are following the draft Low Impact Development Manual to
handle changes to drainage.
Commission Hoskins asked if the building was being brought into the build-to zone.
Fulcher stated that is was being up to the street corner, adjacent to the right-of-way.
Commission Honchell stated that this was a great project.
No public comment was presented.
Motion for CUP13-4593:
Commissioner Cook made a motion to approve CUP 13-4593. Commissioner Winston seconded the
motion. Upon roll call the motion passed with a vote of 7-0-0.
Motion for LSD13-4583:
Commissioner Cook made a motion to approve LSD 13-4583. Commissioner Autry seconded the
motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
January 27,2014
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CUP 13-4589: Conditional Use Permit (560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB, 439):
Submitted by BATES AND ASSOCIATES for property located at 560 NORTH RUPPLE ROAD. The
property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 9.51 acres. The
request is for a conditional use permit to allow Use Unit 4, Cultural and recreational facilities, in an R-A
zoning.
LSD 13-4586: Large Scale Development (560 N. RUPPLE ROAD/BOYS AND GIRLS CLUB, 439):
Submitted by BATES AND ASSOCIATES for property located at 560 NORTH RUPPLE ROAD. The
property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 9.51 acres. The
request is for an 18,965 square foot expansion to the existing building.
Jesse Fulcher, Current Planner,read the staff report.
No public comment was presented.
Commission Honchell stated that this was another great project for Fayetteville.
Commissioner Winston stated that this was a fantastic facility.
Motion for CUP13-4589:
Commissioner Winston made a motion to approve CUP 13-4589 as recommended by staff. Commissioner
Bunch seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Motion for LSD13-4586:
Commissioner Winston made a motion to approve LSD 13-4586 as recommended by staff. Commissioner
Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
January 27,2014
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CUP 13-4575: Conditional Use Permit(500 N.VINSON AVENUE/HOUSE FAMILY,447): Submitted
by HELLER CAD CONSULTING for property located at 500 NORTH VINSON AVENUE.The property is
zoned RSF-4,RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE and contains approximately 0.31
acres. The request is for a conditional use permit to allow two tandem lots.
No staff report or public comment were presented.
Motion:
Commissioner Cook made a motion to table CUP 13-4575 to the 1-27-14 meeting. Commissioner Winston
seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
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January 27,2014
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CUP 13-4576: Conditional Use Permit (EAST OF STONE MOUNTAIN DRIVE/R.BRISEL, 489):
Submitted by JORGENSEN&ASSOCIATES for property located EAST OF THE DEAD END OF STONE
MOUNTAIN DRIVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS
PER ACRE and contains 38.25 acres. The request is for a conditional use permit to allow a tandem lot.
Quin Thompson, Current Planner, read the staff report.
Tracy Hoskins, Commissioner, asked staff to show the location of the required street frontage.
Andrew Garner,Planning Director,said that 70' of frontage was located at the end of Stone Mountain Drive.
Hoskins asked the applicant where the driveway serving the two lots would be.
Jorgensen,applicant,responded that the driveway would be at the end of Stone Mountain Drive,and that a
gate would be installed.
Motion:
Commissioner Winston made a motion to approve CUP 13-4576 as recommended by staff. Commissioner
Cook seconded the motion. Upon roll call the motion passed with a vote of 6-1-0. (Commissioner Hoskins
voted "no".)
Planning Commission
January 27,2014
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CUP 13-4574: Conditional Use Permit(825 S.STONEBRIDGE ROADMAMMANS,566): Submitted
by HOWARD HAMMANS JR.for property located at 825 SOUTH STONEBRIDGE ROAD.The property is
zoned R-A,RESIDENTIAL AGRICULTURAL and contains approximately 2.83 acres.The request is for a
conditional use permit to allow a Plant Nursery(Use Unit 2), City-wide uses by conditional use permit.
RZN 13-4573: Rezone (825 S. STONEBRIDGE ROADMAMMANS, 566): Submitted by HOWARD
HAMMANS JR. for property located at 825 SOUTH STONEBRIDGE ROAD. The property is zoned R-A,
RESIDENTIAL AGRICULTURAL and contains approximately 0.84 acres. The request is to rezone the
property to NS,NEIGHBORHOOD SERVICES.
Garner gave the staff report for both CUP 13-4574 and RZN 13-4573,recommending an additional
condition of approval for CUP 13-4574 to address concerns from the Beaver Lake Water District.
Hammams was present for any questions.
No public comment was presented.
Honchell discussed concern with the hook in the road and proximity to the business. He asked about
exiting the driveway.
Hammans, answered that,yes, you can pull out in a forward manner.
Motion for CUP 13-4574:
Commissioner Winston made a motion to approve CUP 13-4574 as recommended by staff,including the
following condition of approval as recommended by staff-
"Prior to installation of the plant nursery, the applicant shall consult with City Engineering staff to
ensure that erosion and sedimentation is minimized."
Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Motion for RZN 13-4573:
Commissioner Winston made a motion to forward RZN 13-4573 to City Council with a recommendation
for approval. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-
0-0.
Planning Commission
January 27,2014
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RZN 13-4578: Rezone (6316 W. WEDINGTON DRIVE/MORLAN, 396): Submitted by WILLIAM
JENKINS for property located at 6316 W. WEDINGTON DRIVE. The property is zoned R-A,
RESIDENTIAL AGRICULTURAL and contains approximately 0.87 acre. The request is to rezone the
property to RSF-4, RESIDENTIAL SINGLE-FAMILY,4 UNITS PER ACRE.
Quin Thompson, Current Planner, read the staff report.
No public comment was presented.
Jenkins, applicant,was present to answer questions.
Motion:
Commissioner Winston made a motion to forward RZN 13-4578 to City Council. Commissioner Autry
seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
January 27,2014
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RZN 13-4571:Rezone(NORTHWEST CORNER OF W.WEDINGTON DRIVE AND N.GOLF CLUB
DRIVE/WEDINGTON NEIGHBORHOOD PLAN ZONE 1, 400): Submitted by CITY OF
FAYETTEVILLE PLANNING DIVISION for properties located at the NORTHWEST CORNER OF W.
WEDINGTON DRIVE AND N. GOLF CLUB DRIVE. The properties are zoned R-A, RESIDENTIAL
AGRICULTURAL AND RSF-1,RESIDENTIAL SINGLE-FAMILY,ONE UNIT PER ACRE and contain
approximately 11.30 acres. The request is to rezone the properties to UT, URBAN THOROUGHFARE.
Quin Thompson, Current Planner, read the staff report.
Aubrey Shephard,Watershed Advocate,asked whether trees would be removed on the lot.He stated that the
trees are irreplaceable within our lifetimes.
Kyle Cook, Commissioner, asked why Staff was recommending the LIT zone in this location and CS in the
proposed rezone to the west.
Tracy Hoskins, Commissioner, asked what the current zoning is,and what the required tree canopy is under
UDC chapter 167. He said he thought that canopy requirements were similar in all commercial zones.
Andrew Garner,Planning Director,said that canopy requirements were similar in the commercial zones, 15-
20%.
[Canopy requirements are: R-A: 25%,UT: 15%]
Motion:
Commissioner Winston made a motion to forward RZN 13-4571 to City Council. Commissioner Hoskins
seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
January 27,2014
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RZN 13-4572: Rezone (NORTHWEST CORNER OF W. WEDINGTON DRIVE AND N. RUPPLE
ROAD/WEDINGTON NEIGHBORHOOD PLAN ZONE 3, 400): Submitted by CITY OF
FAYETTEVILLE PLANNING DIVISION for properties located at the NORTHWEST CORNER OF W.
WEDINGTON DRIVE AND N.RUPPLE ROAD.The properties are zoned R-O,RESIDENTIAL OFFICE,
C-1, NEIGHBORHOOD COMMERCIAL, AND C-2, THOROUGHFARE COMMERCIAL and contain
approximately 5.65 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES.
Quin Thompson, Current Planner, read the staff report.
Tracy Hoskins, Commissioner, stated that he preferred to see the property rezoned to the corner.
Kit Williams, City Attorney, asked staff if they had attempted to contact the property owners.
Thompson,said that certified mail was sent on two occasions to each property owner,detailing the proposal in
each letter, and stating the time and place of meeting in the second.
Garner, Planning Director, said that staff felt that we have attempted to contact landowners appropriately,
beginning with the initial mailing in October of 2013.
Motion:
Commissioner Winston made a motion to forward RZN 13-4572 to City Council. Commissioner Cook
seconded the motion. Upon roll call the motion passed with a vote of 7-0-0.
Planning Commission
January 27,2014
Agenda Item 1
1-13-14 Minutes
Page 18 of 20
ADM 13-4601:Administrative Item(UDC Amendment Protected Streams Map):Submitted by the CITY
ENGINEERING DIVISION.The request is to amend the Protected Streams Map referred to in UDC Chapter
168.12(C)near Walnut Avenue and Maple Street.
Sarah Wrede,Floodplain Administrator gave the staff report.
Public Comment:
Eden Reif discussed concerns when the additional water daylights on my backyard.
Wrede responded to the comments including discussion of the City's improvements to the drainage
system.
Kit Williams, City Attorney, asked about the flow.
Wrede discussed it will be flowing faster but a higher peak flow.
Andrew McClay, lives just south where it daylights. Water in my front yard has gotten worse in the last
10 years. A half a dozen times water has come in my front yard. He opposes this because it is creating a
time gap where the drainage can become worse. I don't understand the rationale why it needs to be
completed now and making it worse. Removing protection will make flooding worse.
Angela Noble 559 N. Walnut, the creek runs through and under my living room floor. Our street is
terrible and it does flood. How are you going to stop from flowing underneath the house. Will the whole
underneath my house flood?
Aubrey Shepherd discussed watershed and flooding issues.
No more public comment was presented.
Commissioner Cook asked if this was this same stream that goes in the pipe at Olive Street.
Wrede answered yes.
Commissioner Cook asked if this is the first step in the drainage improvements?
Wrede discussed the background for the request.
Commissioner Cook discussed that there was a loud outcry for the City to do something with the water
issues in this area. Has the Engineering Division taken anything to the people in this neighborhood?
Wrede responded,no,we haven't yet but that will be a step in the process.
Commissioner Cook discussed that it may be premature to do this now.
Commissioner Honchell discussed that the city has done charettes to get public input on issues. He asked
about protecting Ms. Noble's home?
Wrede discussed that the plan proposes to divert the water.
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January 27,2014
Agenda Item 1
1-13-14 Minutes
Page 19 of 20
Andrew Garner, City Planning Director discussed that the overall drainage plan is not being discussed
or proposed at this time, the Engineering Division realized that there is one very small stretch of this
stream that is classified as protected stream,when it is in a pipe underground on either side and they do
not feel that short stretch of stream should be on the list of protected streams any more.
Kit Williams, City Attorney, discussed that the City is restricted from designing a drainage solution by
the streamside protection ordinance, in this case.
Winston asked about the development of the property.
Quin Thompson, City Planner, discussed that the property owner of the area being proposed to be taken
off the streamside map, would like to build a single family residence on the property.
Kit Williams, City Attorney, discussed this item will have to be discussed by city council and there does
not need to be a specific recommendation at this point.
Wrede discussed that the vacant lot is a buildable lot with or without the stream being protected.
Motion:
Commissioner Cook made a motion to forward ADM 13-4601 to City Council without a recommendation.
Commissioner Autry seconded the motion. Upon roll call the motion passed with a vote of 6-1-0.
(Commissioner Hoskins voted "no".)
There being no further business, the meeting was adjourned at 8:42 PM.
Planning Commission
January 27,2014
Agenda Item 1
1-13-14 Minutes
Page 20 of 20
17ayeV e PC Meeting of January 27, 2014
s 125 W. Mountain St.
72701
THE CITY OF FAYETTEVILLE,ARKANSAS Fayetteville,
Telephone:(479)57 575-8267-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Quin Thompson, Current Planner
THRU: Andrew Garner, Planning Director
DATE: January 03, 2014
ADM 13-4584: Administrative Item (617 N. COLLEGE AVENUE/ZUPPA ZUPPA, 445):
Submitted by ANN HARRIS for property located at 617 NORTH COLLEGE AVENUE. The
property contains approximately 0.25 acres and is zoned C-2, THOROUGHFARE
COMMERCIAL. The request is for a variance to allow a temporary retail structure (airstream
trailer) to remain on the property for longer than 90 days.
Planner: Quin Thompson
Property Description: The subject property is located at the southwest corner of the intersection
of Trenton Boulevard and College Avenue, at the eastern border of the Wilson Park
Neighborhood. The site was originally developed with a commercial structure and associated
parking. According to Washington County property records, the structure was removed in 1988;
however, the parking lot remains on the property. Over the past three years there have been a
number of outdoor mobile vendors on this property, primarily operating out of airstream trailers
that the property owner leases to small and start-up businesses. In 2013, seven mobile vendors
received approval by the Planning Commission to operate longer than 90 days (Now and Then
Boutique, Pigmint florist, Bouchee Bistro, Lo's Sweet Treats, MGB Photo, and Kona Coast).
The Planning Commission has indicated, and the Fayetteville Unified Development Code
requires, that as a part of variances for long-term commercial activities in temporary structures
on this property, it is expected that incremental improvements be made until the site meets the
full requirements of the landscape and parking codes.
In 2013, as part of the approval for the vendors listed above, the property owner agreed to
dedicate right-of-way along College Avenue and Trenton Boulevard to aid in the City's
upcoming street improvements to College Avenue. The right-of-way dedication included a 10-
foot strip of land along College Avenue and a 5-foot strip of land along Trenton Boulevard for a
total of approximately 2,000 square feet.
Staff feels that it is appropriate at this time to require additional improvements to the property for
the subject variance request and those expected for the remainder of 2014, and recommends that
street trees be planted along the College Avenue frontage within the area reserved for required
green space (15' from right of way.)
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ADM13-4584 Zuppa Zuppa
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Background: The applicant, Zuppa Zuppa soup kitchen, obtained an outdoor mobile vending
permit to operate as a mobile vendor on private property on September 17, 2013. The permit is
valid for 90 days and expired on December 16, 2013. The applicant requests a variance of
Fayetteville Unified Development Code Section 178.04(C) to allow for their Outdoor Mobile
Vendor Permit to be granted for an additional nine (9) months. The vending trailer location is
indicated on the attached site plan. This is the first extension requested by Zuppa Zuppa. This
item was tabled by the property owner before the Planning Commission meeting of
January 13,2014. Surrounding land use and zoning is depicted in Table 1.
Table 1: Surroundin Land Use and Zoning
Direction from Site Land Use I Zoning
North Motel/apartments I R-O, Residential Office
South Commercial 1 C-2, Thorou hfare Commercial
West Single-family house RMF-24 Residential Multi-family, 24 du/acre
East Skating rink C-2, Thoroughfare Commercial
Proposal: The applicant requests a variance of Fayetteville Unified Development Code Section
178.04(C) to allow for an extension to an Outdoor Mobile Vendor Permit to be granted for one
year, where the maximum by right is 90 days. The vending trailer location is indicated on the
attached site plan.
Public Comment: The applicant notified all adjacent property owners in writing and posted a
public notice sign on the property. Staff has not received objections to the request.
RECOMMENDATION: Staff recommends in favor of the requested variance with the
following conditions of approval:
1. 1. Planning Commission determination of permanent improvements. This property has
been utilized continually for a number of mobile vendors over the past three years,
including multiple variances for individual vendors to remain in one location longer than
90 days, and the continual storage of airstream trailers on the site for future vendors.
Pursuant to Fayetteville Unified Development Code Section 178.04.0 the Planning
Commission may require semi-permanent or permanent improvements to the property to
secure the objectives of the ordinance. Because mobile vending is a permanent or semi-
permanent use on the site, staff recommends that the property owner complete the
following improvement to start bringing the property into compliance with development
regulations and meet the objectives of the ordinance:
-Within 90 days of Planning Commission approval of this variance, the property
owner shall install four street trees along with site's College Avenue Street
frontage. The street trees shall be installed outside of the right-of-way in the
landscape area between the right-of-way and the parking lot, in accordance with
UDC Section 177.05. This will require the removal of some existing
concrete/asphalt in the parking lot and amending the soil to provide the minimum
area (150 square feet) needed for a tree to survive. Wheelstops, curb, or other
wheel barriers will be required around the trees. Prior to installation of the trees
the applicant shall submit a landscape plan to the Planning Division and Urban
Forestry stafffor review and approval.
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ADM13-4584 Zuppa Zuppa
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2. The vendor shall be permitted for an addition nine (9) months from the date of
Planning Commission approval,to expire on September 17,2015.
3. Wooden decks, stairways, and stoops to ease entry into the mobile vendors trailers
are permitted, but clear plastic coverings are not allowed. Awnings for the trailers
should be made of fabric, rubberized, or other similar material and attached to the
trailers.The final approval of these types of structures shall be made by staff.
PLANNING COMMISSION ACTION: X Required
Approved Denied Tabled
Motion:
Second:
Vote:
Date: January 27, 2014
FINDINGS:
City of Fayetteville Unified Development Code 178.04
(C) Variances. Outdoor Vendors may request a variance from the Planning Commission to
operate for an extended period of time, not to exceed twelve consecutive months, in the same
location subject to the following standards:
(1) A vendor may request a variance from the 90 day location requirement to operate for an
extended period of time. The maximum time period that the Planning Commission may
grant this variance is limited to no more than twelve consecutive months.
Finding: The applicant is requesting a variance to operate for a total of twelve months,
the maximum permitted under the ordinance.
(2) The applicant shall comply with the notification requirements of section 157.05 of the
Unified Development Code.
Finding: The applicant has notified all adjacent property owners and posted a public
notice sign in compliance with section 157.05 of the UDC.
(3)A variance may be granted by the Planning Commission when the following findings
have been met:
(a) The applicant has established that the operation of the outdoor mobile vendor will be
compatible with and not detrimental to nearby properties, will not adversely affect
nearby businesses, will foster an aesthetically appealing streetscape and will not
create or worsen a dangerous traffic condition.
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ADM13-4584 Zuppa Zuppa
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Finding: Mobile vendors have operated safely in this parking lot for several years. The
property is accessed by an existing curb cut onto College Avenue. While this
curb cut does not comply with the City's current access management
ordinance, staff finds that the existing access is acceptable and will not create
a dangerous traffic situation. However, as mobile vendors continue to be
utilized in this location for restaurants and retail sales, higher volumes of
traffic could create dangerous traffic conditions because of the non-
conforming curb cut and site distance issues along this stretch of College
Avenue and Trenton Boulevard.
The property owner has voluntarily completed improvements to the site over
the past few years including installation of water and electrical hook-ups for
the trailers, clearing brush, painting stripes on the parking lot, installation of
a portable toilet (porta-potty) for customers, and seasonal landscaping in
large stainless steel planter boxes. These improvements and the general
maintenance of the site by the owner and its vendors, including having a
consistent style among the vendors with primarily aluminum Airstream style
trailers, has fostered an aesthetically pleasing streetscape.
(b) That the outdoor mobile vendors' presence for an extended period of time at one
location will not create an unfair advantage over similar and nearby permanent
businesses.
Finding: In this case, it is difficult to determine what businesses should be compared
to Zuppa Zuppa. There are several restaurants within one quarter mile, and
several of those appear to offer a soup. None of the nearby `permanent'
restaurants focus solely on soup as this business does. Additionally, it
appears (Facebook) that the menu changes frequently, and probably at least
once a week. It seems to be the case that the business will at times offer menu
items similar to those of nearby businesses, if only for a brief period. For
example, it is possible that the business may offer a Thai style soup for a
period of time that may compete directly with a nearby Thai restaurant. In
Staffs opinion, however, allowing this business to operate at this location for
an extended period of time should not create an unfair advantage over any
other similar `permanent' businesses.
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ADM13-4584 Zuppa Zuppa
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Fayetteville Unified Development Code
178.04 Outdoor Mobile Vendors Located On Private Property
(A) Purpose.This section's purpose is to facilitate and control the ability of outdoor vendors to temporarily
operate on private property while ensuring such use is compatible with and not detrimental to nearby
properties, does not adversely affect nearby businesses, fosters an aesthetically appealing
streetscape, and does not create or worsen a dangerous traffic condition.
(B) Requirements. Outdoor Mobile Vendors located on private property shall meet the following
requirements and submittals prior to approval:
(1) Permit Application. Each application for a permit to conduct an Outdoor Mobile Vendor business
shall be accompanied by a $50 permit review and processing fee.
(2) Application for a permit to conduct an Outdoor Mobile Vendor business shall include the following
items in a format acceptable to the Zoning and Development Administrator:
(a) Name, address and contact information.
(b) Type of items sold or services rendered. A change in product or service will require a new
permit to be issued.
(c) A valid copy of all necessary permits required by State and County health authorities.
(d) Proof of application for remittance of HMR tax to the City of Fayetteville.
(e) Means to be used in conducting business including but not limited to a description of any
mobile device to be used for transport or to display approved items or services.
(f) A detailed site plan and written description illustrating the type, location, and dimensions of
the mobile vendor business including parking.
(g) Written authorization, signed by the property owner or legal representative of record, stating
that the transient merchant business is permitted to operate on the subject property.
(3) The permit issued shall not be transferable in any manner.
(4) The permit is valid for one mobile vendor location only.
(5) The proposed use must be a permitted use-by-right within the underlying zoning district in order
to be permitted.
(6) An Outdoor Mobile Vendor business may be approved by the Planning Division after making the
following determinations:
(a) All of the requirements of 178.04(8)(2) have been met.
(b) The applicant has established that the operation of the outdoor mobile vendor will be
compatible with and not detrimental to nearby properties, will not adversely affect nearby
businesses, will foster an aesthetically appealing streetscape and will not create or worsen a
dangerous traffic condition.
(7) Outdoor mobile vendors are allowed on a temporary basis (90 days), by nature of their temporary
occupancy, in one location over a one-year (twelve month) timeframe. Outdoor mobile vendors
may move to a different location at least one half mile from the original location after this 90-day
period has expired. However, a new Outdoor Mobile Vendor Application will have to be reviewed
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and approved by the Planning Division for a new location.
(8) Outdoor mobile vendors shall be in compliance with parking lot requirements for any existing and
the proposed business. The number of required parking spaces is determined by the use and
size of the proposed transient merchant business, and by the use and size of the existing
business. Parking spaces on the property where the outdoor mobile vendor is located shall be
paved and striped in order to be utilized. The use of parking for an outdoor mobile vendor may
not reduce the number of spaces necessary for other uses occurring on the property. An
adequate number of parking spaces for the existing businesses and the outdoor mobile vendor
must be provided onsite. The location of the outdoor mobile vendor shall not impede traffic flow
or create a dangerous traffic condition, as determined by Planning Division upon review of the
site plan.
(C) Variances. Outdoor Vendors may request a variance from the Planning Commission to operate for an
extended period of time, not to exceed twelve consecutive months, in the same location subject to the
following standards:
(1) A vendor may request a variance from the 90 day location requirement to operate for an
extended period of time. The maximum time period that the Planning Commission may grant this
variance is limited to no more than twelve consecutive months.
(2) The applicant shall comply with the notification requirements of section 157.05 of the Unified
Development Code.
(3) A variance may be granted by the Planning Commission when the following findings have been
met:
(a) The applicant has established that the operation of the outdoor mobile vendor will be
compatible with and not detrimental to nearby properties, will not adversely affect nearby
businesses, will foster an aesthetically appealing streetscape and will not create or worsen a
dangerous traffic condition.
(b) That the outdoor mobile vendors' presence for an extended period of time at one location will
not create an unfair advantage over similar and nearby permanent businesses.
(4) In granting the variance, the Planning Commission may require appropriate conditions and
safeguards, including semi-permanent or permanent improvements to the property to secure the
substantial objectives of the ordinance.
(Ord. 5185, 10-7-08; Ord. 5425, 8-2-11; Ord. No. 549805-01-12)
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Agenda Item 2
ADM13-4584 Zuppa Zuppa
Page 6 of 14
December 4, 2013
Dear Chairman of the Fayetteville Planning Commission,
I am writing to request an extension of the mobile vendor permit for Zuppa Zuppa Soup
Kitchen at its current location at the Yacht Club located on 617 North College.
officially opened at the Yacht Club on October 1, and participated in Nightbird Books
Eat Local event during Bikes, Blues and BBQ in September.
While there are other restaurants that serve soup, there is none focused solely on
soup in this area.
I would request the extension to continue to grow my customer base with the goal of
eventual move to brick and mortar.
To date the community feedback and support for Zuppa Zuppa Soup Kitchen has been
favorable.
I appreciate your consideration of this matter.
Sincerely,
t�
Ann Harris
Owner/Operator
Zuppa Zuppa Soup Kitchen
Planning Commission
January 27,2014
Agenda Item 2
ADM13-4584 Zuppa Zuppa
Page 7 of 14
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Planning Commission
January 27,2014
Agenda Item 2
ADM13-4584 Zuppa Zuppa
Page 8 of 14